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Arkansas

State of Ark. seeks dismissal of lawsuit challenging gay marriage ban

Friday, January 31, 2014

LITTLE ROCK, Ark. — The state of Arkansas is asking a federal judge to throw out a lawsuit challenging a voter-approved law that bans same-sex marriage on grounds that the plaintiffs’ rights aren’t being violated.

Arkansas Attorney General Dustin McDaniel’s office on Friday filed court papers arguing that sexual orientation is not a cause for equal protection and that the plaintiffs aren’t being treated differently because of their gender.

The motion also argues that the state officials targeted in the suit should be dropped as defendants because they’re not responsible for enforcing the gay marriage ban.

Pulaski County Clerk Larry Crane is also named as a defendant.

Arkansas voters in 2004 approved a constitutional amendment defining marriage as between one man and one woman. The measure passed by a 3-1 margin.

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38 more reader comments:

  1. Of course they do!!!

    Posted on Friday, January 31, 2014 at 10:58pm
  2. But it won’t happen

    Posted on Friday, January 31, 2014 at 10:59pm
  3. Alas, I live in the great state of Arkansas. We went to Iowa to marry.

    Posted on Friday, January 31, 2014 at 11:00pm
  4. Let’s get the former governor in the discussion

    Posted on Friday, January 31, 2014 at 11:02pm
  5. Will soon be legal in Oklahoma after all the appeal BS is done.

    Posted on Friday, January 31, 2014 at 11:03pm
  6. Of course they did. Get over it We deserve the same rights as you

    Posted on Friday, January 31, 2014 at 11:05pm
  7. Just another republican wasting tax payers money

    Posted on Friday, January 31, 2014 at 11:06pm
  8. How do they think they aren’t denying rights they won’t let us marry that’s denying rights!

    Posted on Friday, January 31, 2014 at 11:07pm
  9. All these states trying the same tactics, but none of them will win against equality.

    Posted on Friday, January 31, 2014 at 11:07pm
  10. WRONG>>>>>>>>>>>are they really that stupid in Arkansas? I guess so! Why is it that they continue to WASTE tax payer money in one breath, then in the next say there is no money? I do not get why tax payers are not rising up against these fools WHO CONTINUE TO FIGHT A FIGHT THEY WILL LOSE!!!!!!!!!!

    Posted on Friday, January 31, 2014 at 11:09pm
  11. They must be living in caves.

    Posted on Friday, January 31, 2014 at 11:09pm
  12. Ain’t gonna be dismissed!

    Posted on Friday, January 31, 2014 at 11:11pm
  13. Holy crap — marriage equality is everywhere and seems to be leaving a trail of unconstitutional findings. :)

    Posted on Friday, January 31, 2014 at 11:17pm
  14. Some of this may be obligatory motions. The risk of pushing this argument too hard is that the Supreme Court has already ruled that Same Sex marriage bans violate the part of the 5th Amendment that says no person may be deprived of life liberty or property without due process of law.

    Posted on Friday, January 31, 2014 at 11:22pm
  15. THE STATE IS AGAINST THE LAW

    Posted on Friday, January 31, 2014 at 11:25pm
  16. Goddammit this is why my boyfriend and I are moving out of this state after college. I just want my brother and friends to have the rights as me

    Posted on Friday, January 31, 2014 at 11:27pm
  17. Jerks. 14th Amendment: Equal means equal. If any two consenting adults can marry then any two consenting adults can marry. DUH!!!

    Posted on Friday, January 31, 2014 at 11:33pm
  18. Ugh. As much as I hate to say it, doesn’t look good since it was a voter mandate. My former state is embarrassing.

    Posted on Friday, January 31, 2014 at 11:34pm
  19. Not gonna happen

    Posted on Friday, January 31, 2014 at 11:40pm
  20. Arkansas is redneck country!

    Posted on Friday, January 31, 2014 at 11:52pm
  21. The state of Arkansas can disappear into a giant sinkhole for all I care. It will be a good thing for our country.

    Posted on Saturday, February 1, 2014 at 12:30am
  22. You’re up next, Arkansas.

    Posted on Saturday, February 1, 2014 at 12:30am
  23. if i understand it right, the suit is against the people enforcing the ban, because it is law. if thats the case than it should be dropped because a law should be enforced by law enforcement, regardless of their opinion. a stupid law is still a law.
    but if is against the state for having this law,than it should not be dropped

    Posted on Saturday, February 1, 2014 at 12:37am
  24. Homophobic bigoted pro NAZI Hitler regime!

    Posted on Saturday, February 1, 2014 at 1:23am
  25. Let’s not condemn the entire state of Arkansas.. I’m from Arkansas, and am 100% for equality. Some states aren’t moving as fast as other states, but progress IS being made here. Things can’t change overnight, and hating those who don’t agree with it will only halt progression.

    Posted on Saturday, February 1, 2014 at 1:26am
  26. Um…NO.

    Posted on Saturday, February 1, 2014 at 1:38am
  27. Yeah, we don’t want anyone who really loves each other to get married./

    Posted on Saturday, February 1, 2014 at 2:12am
  28. Weak argument.

    Posted on Saturday, February 1, 2014 at 3:40am
  29. The Republicans don’t seem to understand the US Constitution’s guarantee for equal rights for ALL. I wonder if/when the people of Arkansas will demand that their hard earned tax dollars stop being used by their Republican “representatives” for bigotry and hatred.

    Posted on Saturday, February 1, 2014 at 3:43am
  30. All the pretty red states are chasing their tails. Good luck on this one. It is a bit like the time that you wanted to approve slavery and guess what..something else happened and you are still pissed off about that one. Guess you will lick the wounds from this one for a while as well.

    Posted on Saturday, February 1, 2014 at 4:27am
  31. Hahaha, nice try. It won’t work

    Posted on Saturday, February 1, 2014 at 5:02am
  32. No one can vote away people’s rights. Tyranny of the majority is as bad as tyranny of the minority. Rights are rights.

    Posted on Saturday, February 1, 2014 at 5:40am
  33. This is ridiculous and complete waist of money. As much as you might not like it equal human rights are inevitable

    Posted on Saturday, February 1, 2014 at 6:21am
  34. Yeah. Use tha money for poor people….

    Posted on Saturday, February 1, 2014 at 6:29am
  35. Bigots should all die.

    Posted on Saturday, February 1, 2014 at 7:26am
  36. smh

    Posted on Saturday, February 1, 2014 at 7:42am
  37. Whether they accept gays or not, isn’t commitment better than promiscuity?

    Posted on Saturday, February 1, 2014 at 9:09pm
  38. Losers

    Posted on Saturday, February 1, 2014 at 9:33pm